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Che's family plans to fight use of famed photo
Reuters ^ | 8/29/05 | Reuters

Posted on 08/29/2005 8:43:56 PM PDT by freedom44

HAVANA (Reuters) - With his picture on rock band posters, baseball caps and women's lingerie, Marxist revolutionary Che Guevara is firmly entrenched in the capitalist consumer society that he died fighting to overturn.

The image of the Argentine-born guerrilla gazing sternly into the distance, long-hair tucked into a beret with a single star, has been an enduring 20th century pop icon.

The picture -- taken by a Cuban photographer in 1960 and printed on posters by an Italian publisher after Guevara's execution in Bolivia seven years later -- fired the imagination of rioting Parisian students in May 1968 and became a symbol of idealistic revolt for a generation.

But as well as being one of the world's most reproduced, the image has become one of its most merchandised. And Guevara's family is launching an effort to stop it. They plan to file lawsuits abroad against companies that they believe are exploiting the image and say lawyers in a number of countries have offered assistance.

"We have a plan to deal with the misuse," Guevara's Cuban widow Aleida March said in an interview.

"We can't attack everyone with lances like Don Quixote, but we can try to maintain the ethics" of Guevara's legacy, said March, who will lead the effort from the Che Guevara Studies Centre which is opening in Havana later this year.

"The centre intends to contain the uncontrolled use of Che's image. It will be costly and difficult because each country has different laws, but a limit has to be drawn," the legendary guerrilla's daughter, Aleida Guevara, told Reuters.

Swatch has used Guevara on a wristwatch. Advertising firms have used his image to sell vodka. Supermodel Gisele Bundchen even took to the runway in Brazilian underwear stamped with Che's face.

Guevara collectibles -- from Zippo lighters to belt buckles and key chains -- can be bought online at thechestore.com.

But a successful copyright lawsuit against Smirnoff vodka in Britain in 2000 set the precedent for legal action, establishing ownership of the photographic image.

Lawyers say it will be an uphill struggle to deter non-photographic use of such a widely reproduced image, other than in countries like Italy where laws protect image rights.

KORDA VS SMIRNOFF

The famous picture was shot by Alberto Diaz, a fashion photographer better known as Korda, at a funeral for victims of the explosion of a French freighter transporting weapons to Cuba one year after Fidel Castro's revolution triumphed with the help of Guevara.

Korda's group photograph was not printed by his newspaper the next day. Seven years later, when Italian publisher Giangiacomo Feltrinelli showed up looking for a cover picture for an edition of Che's "Bolivian Diary," Korda gave him two prints for free.

Guevara was captured six months later in the Bolivian jungle, where his bid to start an armed peasant revolution ended in fiasco. On news on his death, Feltrinelli cropped the photo and published large posters that quickly sold 1 million copies.

The guerrilla fighter was transformed into martyr, pop celebrity and radical chic poster boy.

Korda said he never received a penny from Feltrinelli.

But a year before his death in 2001, the photographer won a lawsuit against London agency Lowe Lintas for unauthorized use of the picture in a Smirnoff vodka advertising campaign. The Smirnoff brand is now owned by Britain's Diageo.

Korda later donated the $70,000 award to children's health care in communist Cuba.

Razi Mireskandari, the London lawyer who filed the copyright case, said Korda worried that the image of Che, who did not drink, was being trivialized by its use in promoting a alcoholic beverage that bore no relation to Cuba or his political message.

"We felt there were so many people you could take action against that we had to start somewhere," Mireskandari said. "The plan of action was to target one of these, which was Smirnoff, and then, when we got the judgement, we were going to go against everyone else," he said in a telephone interview.

After the photographer's death, his heirs never contacted the lawyer for further action and are disputing among themselves copyright ownership of the famous picture.

IMAGE PROTECTION

Korda's daughter Diana Diaz has continued to fight political misuse of the picture.

In 2003 she won a lawsuit against a Paris-based press rights group for using the Che photograph in a poster campaign aimed at dissuading French tourists from vacationing in Cuba after the jailing of 29 dissident journalists.

Reporters Without Borders had superimposed Che's face on a picture of a baton-wielding riot policeman. The caption said: "Welcome to Cuba, the world's largest jail for journalists."

Che fever was stoked last year by "The Motorcycle Diaries," a film about his eye-opening trip through poverty-stricken countries of South America as a medical graduate.

Even Cuba sells Che's image. Postcards and posters of Guevara playing golf at the Country Club shortly after the overthrow of dictator Fulgencio Batista in 1959 are popular with tourists.

So are Cuban banknotes issued when Guevara was Central Bank governor, simply signed "Che."


TOPICS: Cuba; Foreign Affairs; News/Current Events
KEYWORDS: che; cheguevara; cheguvara; communists; marxists
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To: FreedomCalls

BWAAAAHAAAAHAAAHAAAA....

ROTFLMAO...


21 posted on 08/29/2005 9:13:51 PM PDT by rottndog (WOOF!)
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To: freedom44

22 posted on 08/29/2005 9:14:25 PM PDT by Physicist
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To: freedom44
BTW the boy Ernesto was a failure until that Bolivian NCO shot him. Tickle picture time for whoever has it.
23 posted on 08/29/2005 9:20:14 PM PDT by dts32041 (Shinkichi: Massuer, did you see that? Zatôichi: I don't see much)
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To: freedom44
Next time you hear some leftist whining about Abu Graib or Gitmo, ask if we should have run the prison the way Che Guevara did in Cuba.

In 1959, he was appointed commander of the La Cabana Fortress prison. During his term as commander of the fortress from 1959–1963, he oversaw the hasty trials and executions of many former Batista regime officials, including members of the BRAC secret police (some sources say 156 people, others estimate as many as 500). Poet and human rights activist Armando Valladares, who was imprisoned at La Cabana, documented Guevara's particular and personal interest in the interrogation, torture, and execution of prisoners.

24 posted on 08/29/2005 9:22:10 PM PDT by knuthom
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To: freedom44; All

Imagine that, a communist that believes in personal property rights. . . go figure.

btw, aren't images as such become public domain after certain criteria have been met?

the Deets


25 posted on 08/29/2005 9:31:58 PM PDT by ebiskit (South Park Republican)
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To: freedom44

An interesting Che quote the left wont like.

The insurmountable obstacle of democracy.

The Mystery of the Insurgency
By JAMES BENNET
http://tinyurl.com/c6vnw


If the insurgency is trying to overthrow this regime, it is contending
with a formidable obstacle that successful rebels of the 20th century
generally did not face: A democratically elected government. One of
the last century's most celebrated theorists and practitioners of
revolution, Che Guevara, called that obstacle insurmountable.


"Where a government has come to power through some form of popular
vote, fraudulent or not, and maintains at least an appearance of
constitutional legality," he wrote, "the guerrilla outbreak cannot be
promoted, since the possibilities of peaceful struggle have not yet
been exhausted."


26 posted on 08/29/2005 9:45:07 PM PDT by Names Ash Housewares
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To: freedom44
Most Che fanatics do not even know who the real man was. They just think it is cool wearing a cheap t-shirt with his face on it. And guess what .....they are all Libs. Feeding off an image without knowing what the substance therein was.

Nest week: How come those Libs that think Cuba is a paradise do not emigrate to good ol' Havana.

27 posted on 08/29/2005 10:10:09 PM PDT by spetznaz (Nuclear-tipped Ballistic Missiles: The Ultimate Phallic Symbol)
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To: freedom44
Humm...

Lemme think of a response to that lawsuit.

I'LL KILL YOU LIKE THE CAPITALIST LAP DOG THAT YOU ARE! (well, that's what Che might have said).

Dang, I'm glad for Ronald Reagan and his dismantling of the Soviets.

We need a leader after Bush 43 that will face up to the Chinese next, otherwise we'll be in deep doodoo.

28 posted on 08/29/2005 10:27:39 PM PDT by benjaminjjones
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To: freedom44
Isn't there a law already on the books which prevents a criminal from making a profit from crimes through the media? Che's evil face should only be on toilet paper so that it can be properly honored!
29 posted on 08/29/2005 10:54:47 PM PDT by Nateman
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To: freedom44
That picture was the best by far that was ever taken of Che. In real life, he was fat and homely.

-ccm

30 posted on 08/29/2005 11:02:46 PM PDT by ccmay (Question Diversity)
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To: freedom44
Marxist revolutionary Che Guevara is firmly entrenched in the capitalist consumer society that he died fighting to overturn.

I truly love the irony in this. :-)
31 posted on 08/29/2005 11:30:45 PM PDT by kb2614 ("Speaking Truth to Power" - What idiots say when they want to sound profound!!)
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To: ovrtaxt

There is one being built as we speak in Dallas.


32 posted on 08/30/2005 5:37:40 AM PDT by Ace the Biker (I wasn't born in Texas but I got here as fast as I could.)
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To: doug from upland

I love the fact that Che was wearing a Rolex, instead of a People's standard issue Timex. Way cool. There is a little bit of the capitalist consumer in everyone.


33 posted on 08/30/2005 6:48:27 AM PDT by 3AngelaD
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To: Yehuda

I agree. He looks so peaceful. I wish all of his kind looked so well.


34 posted on 08/30/2005 7:30:55 AM PDT by WorkingClassFilth (Do you know Landru, Brother?)
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Comment #35 Removed by Moderator

Viva la mousketeers

36 posted on 08/30/2005 1:59:54 PM PDT by evets (God bless president Bush!)
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To: Yehuda
Better pic...


37 posted on 08/30/2005 2:01:19 PM PDT by Tijeras_Slim (Now that taglines are cool, I refuse to have one.)
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Comment #38 Removed by Moderator

To: 3AngelaD

There's a pic of Che with his Rolex in a 1962 Time magazine I've got somewhere.


39 posted on 08/30/2005 2:02:17 PM PDT by Tijeras_Slim (Now that taglines are cool, I refuse to have one.)
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To: Tijeras_Slim

yeah. dirt nap time


40 posted on 08/30/2005 2:03:20 PM PDT by jw777
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